9911796707
TMI Blog2024 (9) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... orm No.3C prescribing the relevant particulars including the patients names, nature of services rendered, fees received and data of receipt etc. We find that the assessee s instant case file nowhere indicates compliance thereof which could take us to the conclusion that its impugned additional income has been derived from regular business activities only. Once the AO had not carried out his detailed enquiry(ies) to this clinching fact for the purpose of assessing the assessee s additional/surrendered income during survey; the same renders his assessment dated 22.09.2021 as an erroneous one causing prejudicial to interest of the Revenue. PCIT has rightly assumed his section 263 revision s jurisdiction in light of Malabar Industrial Co. Ltd [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned additional income which had rightly been assessed at normal rate than that suffering higher rate of taxation u/s 115BBE of the Act. 4. Learned CIT-DR on the other hand draws strong support from the PCIT s impugned revision directions, reading as under :- 06. The submissions of the assessee have been considered. 6.1 The present revision proceedings u/s 263 of the Act have been initiated on the ground that the assessment order passed u/s 143(3) of the Act by the AO for A.Y.2019-20 is erroneous and prejudicial to the interests of the revenue, as the assessee has declared the amount of Rs. 70,90,144/- as his additional income, and the same should have been taxed as per the provisions of section 115BBE of the Act. The AO has failed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- by applying the provisions u/s 115BBE of the Act. Considering the overall facts of the case, it is clearly established that all these details have escaped proper scrutiny in the hands of A.O, Therefore, it can be inferred safely that AO has failed to cause proper inquiries and consequential verifications which rendered assessment order erroneous and prejudicial to the interest of revenue. 7. In the light of the detailed discussion made hereinabove, I am of the considered opinion that the assessment order passed u/s. 143(3) of the Act for Assessment Year 2019-20 on 22.09.2021 by the then AO, is erroneous in so far as it is prejudicial to the interests of Revenue, because the assessment has been made not only without proper verification bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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